STATEWIDE GRIEVANCE COMMITTEE

Joseph P. Campochiaro, Complainant vs. Robert A. Izzo, Respondent

Grievance Complaint #95-1021

PROPOSED DECISION

Pursuant to Practice Book '27J, the undersigned, duly-appointed reviewing committee of the Statewide Grievance Committee, conducted a hearing at the Superior Court, 300 Grand Street, Waterbury, Connecticut on February 6, 1997, and March 5, 1997. The hearing addressed the record of the complaint filed on June 14, 1996, and the probable cause determination filed by the Hartford-New Britain Judicial District, Geographical Areas 12, 15, 16 & 17 Grievance Panel on October 4, 1996, finding that there existed probable cause that the Respondent violated Rules 1.1, 1.3, and 1.4 of the Rules of Professional Conduct.

Notice of the hearing was mailed to the Complainant and to the Respondent. The Complainant and Respondent each appeared at each hearing. At the time of the February 6, 1997 hearing, the Respondent requested, and the Complainant did not object to, a continuance to allow him to collect and provide to the Complainant information the Complainant was seeking. At the March 5, 1997 hearing, the Complainant and the Respondent each appeared and gave testimony. This reviewing committee also heard the testimony of Attorney Mark Sciotta on behalf of the Complainant.

This reviewing committee finds the following facts by clear and convincing evidence:

The Respondent is the co-trustee of a trust of which the Complainant is a beneficiary. The Respondent has served as co-trustee for approximately seven years. The Complainant has sought an accounting of the trust since October 3, 1995. The Respondent acknowledged that the Complainant was entitled to a probate-type accounting and has failed to provide one to the Complainant. On February 6, 1997, the date of the first hearing, the Respondent requested one week to complete the accounting. As of the date of the March 5, 1997 hearing, the Respondent had not completed the accounting.

This reviewing committee also took the following into consideration:

At our hearing on March 5, 1997, the Respondent testified that he should be able to complete the accounting within one week.

It is the opinion of this reviewing committee that there exists clear and convincing evidence that the Respondent has violated Rules 1.3 and 1.4 of the Rules of Professional Conduct. As co-trustee of a trust of which the Complainant is a beneficiary, the Respondent is obligated to provide the Complainant with a reasonable accounting of the trust. In spite of his obligation, and later promise to do so, the Respondent has failed to do so with reasonable diligence and promptness. It is the recommendation of this reviewing committee that the Respondent be reprimanded by the Statewide Grievance Committee and that the Respondent be required to complete a continuing legal education course in law office management and a continuing legal education course in legal ethics within six months of the issuance of the final decision in this matter.

Attorney Alfred R. Belinkie

Attorney M. Katherine Webster-O'Keefe

Mr. Carmen Donnarumma